Criminal Procedure Notecards

Herrera, Crim Pro, Summary 1
RULE 110: Prosecution of offenses

Section 1: Institution of Criminal Action
S 1. I o c a. C a s b i a f:
(a) F o w a p i i r p t s 1 o R 1, b f t c w t p o f t p o c t r p i.
(b) F a o o, b f t c o i d w t M T C a M C T C, o t c w t o o t p. I M a o c c, t
c s b f w t o o t p u o p b t c.
T i o t c a s i t r o t p o p o t o c u o p i s l. (1)
SECTION 1. Institution of criminal actions. Criminal actions shall be instituted as
follows:
(a) For offenses where a preliminary investigation is required pursuant to
section 1 of Rule 112, by filing the complaint with the proper officer for the
purpose of conducting the requisite preliminary investigation.
(b) For all other offenses, by filing the complaint or information directly
with the Municipal Trial Courts and Municipal Circuit Trial Courts, or the
complaint with the office of the prosecutor. In Manila and other chartered cities,
the compliant shall be filed with the office of the prosecutor unless otherwise
provided by their charters.
The institution of the criminal action shall interrupt the running of the
period of prescription of the offense charged unless otherwise provided in
special laws. (1a)

a) Offenses where preliminary investigation is required- by filing the

complaint with the proper officer (fiscal or MTC) for the purpose of
conducting the required PI.
b) All other offenses- by filing the complaint or information directly with the
MTC and MCTC, or the complaint with the office of the prosecutor.
(Manila and other chartered cities, complaint shall be filed with the office
of the prosecutor unless otherwise provided in their charters)

General Rule & Exceptions
General Rule:
Institution shall interrupt the running of the period of prescription of the offense
charged. Prescription is interrupted even if it is filed in a court without jurisdiction.
Exceptions:
Unless otherwise provided in special laws (Section 2 of ACT 3326)
o Said act governs the computation of prescription of offenses under special
laws.
o Prescription commences from the commission (if known) or discovery (if
not known) until institution of judicial proceedings.
o Prescription shall be interrupted when proceedings are instituted against
the guilty person and shall resume if the proceedings are dismissed for
reasons not constituting double jeopardy.
Civil law rules on prescription is applicable to criminal cases.

Condition precedent to filing cases
(Katarungang Pambaranggay [Chapter 7, Title I, Book III of LGC 1991])
o No complaint/petition/action/proceeding involving any matter within the

authority of the lupon shall be filed or instituted in any court or any other
government office for adjudication unless there has been a confrontation
between the parties before the Lupon chair or pangkat.
o No conciliation or settlement shall be reached without the certification of

the Lupon secretary or pangkat secretary as attested by Lupon chairman or
Pangkat chairman OR UNLESS settlement has been repudiated by the
parties thereto.

(Katarungang Pambaranggay [Chapter 7, Title I, Book III of LGC 1991])
When may parties go directly to court without the Baranggay conciliation?
Parties may go directly to court without baranggay conciliation when:

a. The accused is under detention;
b. A person otherwise deprived of his personal liberty is calling for
habeas corpus proceedings;
c. Actions are coupled with provisional remedies (preliminary
injunction, attachment, delivery of personal property, support
pendente lite); or
d. The action, may otherwise, be barred by statute of limitations.
Indigenous Cultural Communities (ICC) / Indigenous People (IP)
General Rule
Conciliation among indigenous cultural communities shall be applied in

settling disputes between them. (Commonly accepted justice system)
The National Commission on ICCs/IPs shall have jurisdiction over all claims and
disputes involving them provided that all remedies in their community have
been exhausted before going to the commission.
General rule:
Subject matter of amicable settlement:
a. Parties actually residing in the same city or municipality.
b. Agreed upon
c. Court in non-criminal cases though not falling under the authority of
lupon, may at any time before trial, motu proprio, refer the case to
the lupon concerned for amicable settlement.

Indigenous Cultural Communities (ICC) / Indigenous People (IP)
Exception
a. Where one party is the government or any subdivision or instrumentality thereof;
b. Where one party is a public officer/employee and dispute relates to the
performance of his official functions;
c. Offenses punishable by imprisonment exceeding 1 year or a fine exceeding P5000;
d. Offenses where there is no private offended party;
e. Where dispute involves properties located in different cities or municipalities
unless the parties thereto agree to submit their differences to amicable settlement
by an appropriate lupon;
f. Disputes involving parties who actually reside in baranggay of different cities or
municipalities, except where such baranggay units adjoin each other and the
parties thereto agree to submit their differences to amicable settlement by the
appropriate lupon;
g. Such other classes of disputes which the president may determine in the interest
of justice or upon recommendation of the secretary of justice.

Section 2: Complaint or Information
Complaint/information:
a. Must be in writing;
b. In the name of the people of the Philippines (merely a matter of
form and curable at any stage of the trial); and
c. Against all persons who appear to be responsible for the offenses
involved.

Section 3: Complaint
A s w s c a p w a o, s b t o p, a p o, o o p o c w t e o l v.
Complaint:
A sworn written statement charging a person with an offense, subscribed by
the offended party, any peace officer, or other public officer charged with the
enforcement of law violated.

Who may file the complaint?
1. O p;
2. A p o; o
3. P o c w t e o e o t l v.
1. Offended party;
2. Any peace office; or
3. Public officer charged with the enforcement or execution of the law
violated.
o Provincial fiscal is not among the 3. The information filed by him cannot be
considered as a complaint.
o Offended Party the person actually injured and whose feeling is
offended, a party to whom the offender is civilly liable.
o Widow may be considered as offended party for the murder of her husband.
o In bigamy, both the 1st and 2nd spouses may be offended may be offended
parties. (clarify)
o The right to commence criminal prosecution is confined to representatives of
the government and persons injured, otherwise it will be dismissed.
o But one who is not an offended party may file complaint for P.I. except
crimes which cannot be prosecuted de officio.

Continued
o Complaint filed to the court must be filed by the offended party.

o Complaint filed to the fiscal can be filed by any person.
o The Information is filed by the fiscal.
A complaint filed with the fiscal prior to a judicial action may be filed by
any person.
A criminal action cannot be instituted against a juridical person.
To subscribe and swear a criminal complaint is not a ministerial duty.
Absent such, does not invalidate the complaint unless it is a private
offense.
Right to file a complaint is personal and abated by death.

General Rule and Exceptions
General Rule:
Criminal prosecution may not be restrained or stayed by preliminary or final injunction.
(Ratio: Public Interest)
Exceptions:
1. To afford adequate protection to the constitutional right of the accused.
2. When necessary for the orderly administration of justice or to avoid oppression or
multiplicity of actions.
3. When there is a prejudicial question.
4. When the acts of the officer are without or in excess of authority.
5. Prosecution in under an invalid law, ordinance or regulation.
6. Double jeopardy is clearly apparent.
7. Court has no jurisdiction over the offense.
8. It is a case of persecution rather than prosecution.
9. Charges are manifestly false and motivated by lust or vengeance.
10. When there is clearly no prima facie case against the accused and a motion to
quash on that ground has been denied.
11. P.I. has been issued by the SC to prevent the threatened unlawful arrest of
petitioners.

Section 4: Information (Definition)
A i w c a p w a o, s b t p a f w t c.
Complaint vs. Information
Information:
Accusation in writing charging a person with an offense, subscribed by the
prosecutor and filed with the court.
Complaint Information
Executed by a private party Prosecutor
Supported by oath of complainant Subscribed by prosecutor
Need not necessarily be filed in court Filed with court (otherwise it is not
an information)
An information not properly signed cannot be cured by silence, acquiescence,
or even by express consent.

Section 5: Who must prosecute criminal actions
o Compliance with this section is jurisdictional not merely a formal requirement.
o Public prosecutor may turn over the actual prosecution of the criminal case, in
the exercise of his discretion, but he may, at any time, take over the actual
conduct of the trial. However, it is necessary that the public prosecutor be
present at the trial until the final termination of the case; otherwise, if he is
absent, it cannot be gainsaid that the trial is under his supervision and control.
o But, absence of public prosecutor cannot be raised by accused to invalidate the
testimony of a witness if he cannot prove that he was personally prejudiced
thereby.
o Note:
o Trial court: provincial prosecutor
o CA/SC: solicitor general
o Wrong delivery of notice will render the dismissal of the petition (petition
for review/certiorari)

Control by prosecution before information is filed in court
1. What case to file and who to prosecute
1. What case to file and who to prosecute
o Fiscals discretion in the prosecution
o General Rule: If he is not convinced that he has evidence to support the
allegations thereof:
a. Prior to filing of case in court, the fiscal cannot be compelled (even
by the SC) to file a criminal information.
b. Compelled to include other public officials who appear to be
responsible for the offense as co-accused.
Exception:
There is an unmistakable showing of grave abuse of discretion that will justify judicial
intrusion into the precincts of the executive.
Remedy:
a) Motion for inclusion; then
b) Mandamus; or
c) Appeal fiscals decision to the ministry of justice and ask for a special prosecutor.
Appreciation of the evidence is upon fiscals sound discretion but the same may be reversed
or set aside by the Sec. of Justice or in special cases by the President.

2. Manner of prosecution
2. Manner of prosecution

3. Right of prosecution to withdraw
3. Right of prosecution to withdraw information before arraignment even withtout
notice and hearing. There must be leave of court after prior notice and hearing.
o Full control of the fiscal ends with the filing of the information in court.
Jurisdiction is vested with the court.(Adherence to jurisdiction)
o Fiscal may file a motion to dismiss a case filed in court but the decision is
up to the court. It does not matter if this is done before or after
arraignment of the accused or that the motion was filed after a
reinvestigation or upon instruction of the Sec. of Justice who reviewed the
records of investigation.

Control by court after information is filed in court
1. Suspension of arraignment
1. Suspension of arraignment
Facts: The accused was charged with murder. The MTC found probable cause for
murder and issued a warrant. Records were then forwarded to the provincial fiscal.
Without being arrested, the provincial fiscal reinvestigated and found for
homicide only. The offended party appealed to the secretary of justice. Despite
the appeal, the fiscal filed the information in court for homicide. There was
arraignment and bail was posted. The secretary of justice found for murder but
withdrew recommendation upon finding that there was already arraignment.
Issue: W.O.N. the fiscal or judge gravely abused discretion by proceeding to
arraignment despite the appeal to the secretary of justice.
Held: The court should have suspended the arraignment and awaited the
resolution on the petition. Otherwise, arraignment should be set aside, and the
information should be amended if the DOJ finds that the proper information
should be for murder.
2. Reinvestigation
o Reinvestigation
o After the court has obtained jurisdiction.
Motion for reinvestigation should, after the court has acquired jurisdiction, be
addressed to the trial judge alone. Neither the secretary of justice, state
prosecutor, fiscal may interfere.
3. Prosecution by fiscal
o Prosecution by fiscal

4. Dismissal
Dismissal
Withdrawal of complaint by the fiscal must be with courts approval.
Exception:
In Galves v. CA (G.R. No. 114046, October 24, 1994), the SC upheld the right of the
prosecution the information for homicide for the purpose of re-filing the case for
murder before arraignment even without notice and hearing.
But any move on the part of complainant or offended party to dismiss the case
(even without accuseds objection) should first be referred to the fiscal for his own
view of the matter.

5. Downgrading offense or dropping of accused even before plea
Downgrading offense or dropping of accused even before plea


Limitations on control by the court
1. Prosecution entitled to
2. Court must await
Parameters of courts control:
Where the judge granted a motion for reinvestigation and directed the fiscal to
conduct it, the court is deemed to have deferred to the prosecution arm of the
govt. Thus, the court should wait for a final resolution before acting on it.
The result of the above reinvestigation is now the sole and only valid basis of the
judges final action. Judge should then proceed with arraignment, pretrial, then
trial.
1. Prosecution entitled to notice of hearing.
2. Court must await result of petition for review.
3. Prosecutions stand to maintain
Prosecutions stand to maintain prosecution should be respected by court.
Under his direction and control: The fiscal may be compelled to
prosecute cases already filed. He must not leave the prosecution in the
hands of a private prosecutor since an offense is an outrage to the
sovereignty of the State.
This supervision and control extends to the civil liability instituted with
the criminal action if it was not filed separately, reserved, or there is no
private prosecutor who intervened.
4. Ultimate test of courts independence
5. Court has the authority to review
6. To reject or grant a motion
4. The ultimate test of courts independence is where fiscal filed a motion to
dismiss or withdraw information.
5. The court has authority to review DOJ secretarys recommendation and reject
it if there is grave abuse of discretion.
The resolution of DOJ secretary may be appealed to the Office of the
President (if offenses punishable by death/reclusion perpetua)
6. To reject or grant a motion to dismiss, the court must make own independent
assessment of evidence, otherwise the judgment is void.
Crimes that may be prosecuted upon complaint of the Offended party: 3
categories.
Crimes that may be prosecuted upon complaint of the offended party: 3
categories.
1. Crimes of adultery and concubinage;

2. Offenses of seduction, abduction, or acts of lasciviousness; and
3. Criminal actions for defamation which consist in the imputation of the
offenses of seduction, abduction, or acts of lasciviousness.
Rape is now a crime against persons and thus may be prosecuted even without a
complaint filed by the offended party.
Private Crimes
Private Crimes:
Felonies which cannot be prosecuted except upon sworn written complaint
filed by the aggrieved party is misleading. The state may also prosecute.
It is true that the institution of private crimes is at the option of aggrieved
party. But once that choice is made manifest, the law will be applied in full
force and in spite of the complainant, his death notwithstanding.
It is the sworn written complaint that starts the prosecutor proceeding it is
not what vests jurisdiction it the court.
Purpose:
Consideration for the offended woman and her family who might prefer to suffer
the outrage in silence rather than go through with the outrage in silence rather
than go through with the scandal of a public trial.
Crimes of Adultery and Concubinage
Crimes of Adultery and Concubinage
Who can file: Offended spouse only, not even the state.
Offended spouse must have the status, capacity and legal representation at the time of
the filing an action for adultery/concubinage.
Thus if the couple is already divorced, they cannot file.
If the offended spouse is of old age, the right to file the complaint is exclusive and
successive.
Death of complainant during pendency of the case does not extinguish criminal liability.
Death of complainant before filing of case in court, is not sufficient justification for
dismissal of the information, since complaint has been filed with the fiscal and the desire
of the offended party to prosecute is evident.
Lack of sworn written complaint is sufficiently cured by filing a verified statement before
court. Need not move for a motion to quash the information and dismiss the case.
Complaint filed by offended party is inferior court is sufficient she need not subscribe the
information. Jurisdiction is conferred by law and not by the compliant or information.
It is not necessary for the complainant to sign and verify the information filed by the
fiscal. The complaint adopted by the fiscal and attached to and made part of the
corresponding information filed after investigation is sufficient.

Seduction/Abduction/Acts of lasciviousness
Seduction/Abduction/Acts of Lasciviousness
Who can file: Offended party, her parents/guardian (in the order in which they
arenamed).
Prosecution may be conducted by the fiscal on the basis of the complaint filed in
the inferior court. There is no need to file information.
Rules does not require that information filed by fiscal be signed by offended party.

Seduction/Abduction/Acts of lasciviousness
Variance between complaint and information
Variance between complaint and information and the evidence
Examples:
Complaint Forcible abduction
Information filed by fiscal Rape
Thus, in as much as rape is distinct from forcible abduction, said complaint could not be the
basis for the court to acquire jurisdiction over the crime actually committed.
Complaint - Rape by manner A
Information filed by fiscal Rape by manner B
The court is not divested with the jurisdiction, since it is covered by rape irrespective of the
manner of how it was committed.
Sworn statement: abduction with rape (part of the P.I.)
Complaint: Elements incomplete
Information filed by the fiscal: Forcible abduction with rape
The court is not divested with jurisdiction.

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Herrera, Crim Pro, Summary 1

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

a) Offenses where preliminary investigation is required- by filing the

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

o No complaint/petition/action/proceeding involving any matter within the

o No conciliation or settlement shall be reached without the certification of

RULE 110: Prosecution of offenses

Parties may go directly to court without baranggay conciliation when:

Conciliation among indigenous cultural communities shall be applied in

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

o Complaint filed to the court must be filed by the offended party.

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

Downgrading offense or dropping of accused even before plea

RULE 110: Prosecution of offenses

1. Crimes of adultery and concubinage;

RULE 110: Prosecution of offenses

RULE 110: Prosecution of offenses

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